J&K High Court quashes case over WhatsApp message on COVID cases

Indian Opinion DeskIndian Opinion DeskIndia1 minute ago1 Views

Circulating WhatsApp message of COVID cases in locality not offence under Section 505 IPC: J&K High Court

The Jammu and Kashmir High Court has quashed a criminal case from 2020 against Sandeep Kumar Bhat, who was accused of circulating a WhatsApp message saying two COVID-19 cases were detected in…

The Story in Brief

The Jammu and Kashmir High Court has quashed a criminal case from 2020 against Sandeep Kumar Bhat, who was accused of circulating a WhatsApp message saying two COVID-19 cases were detected in a Jammu locality. Justice M.A. Chowdhary observed the message was not intended to promote enmity between groups as required under Section 505(2) IPC. The court noted the investigation was not complete even after nearly five years, calling further proceedings an abuse of process.

The Indian Opinion

This ruling is a welcome check on the tendency to misuse Section 505 IPC against citizens sharing public health information. The panic narrative often exaggerates the threat of such messages, forgetting the law requires intent to cause enmity between groups, not mere alarm. The five-year delay in investigation also exposes selective prosecution. The real test will be whether the state now drops similar pending cases lacking communal intent, or continues to weaponise the provision against inconvenient speech.


Source: barandbench.com

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